Regulation 7 Amendment of the Transfers Regulations

(1)

The Transfers Regulations are amended as follows.

(2)

In Schedule 1 (transfer of BRS Revenues: billing authorities which are levying authorities)—

(a)

for paragraph 1, substitute—

“1.

(1)
A billing authority which is a levying authority shall transfer any amounts it receives in respect of BRS (including the amount of any financial contributions made to it for the purposes mentioned in section 3(6) of the Act) during a financial year from its collection fund to its revenue account.

(2)
The amount of any financial contributions made to the billing authority for the purposes mentioned in section 3(6) of the Act, shall be ignored for the purpose of the application of paragraphs 2 and 3.”; and

(b)

in paragraph 3(1), for the year “2010” substitute “2011”.

(3)

In Schedule 2 (transfer of BRS Revenues: billing authorities which are not levying authorities)—

(a)

in paragraph 1 (interpretation)—

(i)

for definition of “final return” substitute—

““final return” means the return required by paragraph 7(1);”; and

(ii)

for the definition of “provisional return” substitute—

““provisional return”, except in the expressions “revised provisional return” and “variation provisional return”, means the return required by paragraph 2(1);”;

(b)

after paragraph 1, insert—

“Transfer of financial contributions

1A.

(1)
A billing authority which is not a levying authority shall transfer the amount of any financial contributions made to it for the purposes mentioned in section 3(6) of the Act from its collection fund to the levying authority’s revenue account.

(2)
Transfers under sub-paragraph (1) shall be made as soon as practicable after the receipt of the financial contributions.

(3)
The amount of any financial contributions shall be ignored for the purpose of the application of paragraphs 2 to 10.”;

(c)

in paragraph 5(7), for the words “If the amount referred to in sub-paragraph 2(c) is greater than zero,” substitute “If the total amount calculated under sub-paragraph (3) is greater than the aggregate of the instalments the billing authority has paid to the relevant levying authority in the relevant year,”;

(d)

in paragraph 6(2), for “sub-paragraph (6)” substitute “sub-paragraph (5)”; and

(e)

in paragraph 10(1)(b), omit the words “(in the absence of an authorisation under sub-paragraph (2)(b))”.